Madras High CourtWP(MD)/7939/2023dismissed

Subramani S v. Assistant Director Of Agriculture

2023-04-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7330 of 2023 S.Subramani ... Petitioner Vs.

1.Assistant Director of Agriculture, Kottampatti, Melur Taluk, Madurai District-625 103.

2.Sriram Transport Finance Company Ltd., No.45 B, 1st Foor, New Agraharam Near Abirami Theatre, Palani Road, Dindigul-624 001.

(Represented by its authorized signatory Mr.Janakaran) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the first respondent from recovering any amount from the regular monthly salary of the petitioner. For Petitioners : Mr.S.Louis For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 : Mr.M.Mohammed Sherbudeen for R2 1/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent. Though the second respondent has been served, they had not been chosen to enter appearance either in person or through counsel.

2. The petitioner appears to have availed vehicle loan from the second respondent. The petitioner appears to have committed default. The second respondent had obtained arbitral award against the petitioner. They have also filed E.P.No.14 of 2022 before the Sub Court, Dindigul. The executing Court has attached the petitioner's salary. These are matters that fall within the realm of private dispute between the petitioner and the financier. The question of writ Court interfering in the issue does not arise at all. It is for the petitioner to move the jurisdictional executing Court and obtain relief.

3. Leaving open the petitioner's right to move the executing Court for relief, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

25.04.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To Assistant Director of Agriculture, Kottampatti, Melur Taluk, Madurai District-625 103.

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G.R.SWAMINATHAN, J.

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